by Guest » Tue Dec 18, 2007 09:02 pm
My girlfriend was rear-ended by another driver looking for his cell-phone at a stop sign. My girlfriend had no insurance, but he did. Police arrived and made the report but did not write down his insurance info. because he told the police he was going to pay for the damages himself. Nobody was given citations by the police. 2 weeks passed and we never recieved a call from him to get the damages fixed. We called and his girlfriend answered telling us that he was not fixing the damages but his insurance would pay for damages. We never recieved any further calls from neither them or their insurance company.........Now we are trying to make the claim ourselfs but we dont have their insurance information, and they are refusing to give it to us. The police officer who made the report called and left a message and they have not returned the call to him. Now they are saying "talk to my lawyer or take it to court" but all we need is their insurance info to make the claim ourselfs and get the damages fixed. They have done their best to avoid talking to us and seem to be having fun doing it. What can we do to get their insurance information so we can make the claim and avoid taking it to court and waste more time.
Posted: Tue Dec 18, 2007 11:27 pm Post Subject:
Hello Juan91382, and welcome to the community....
ok, let me get this out of my system first........
My girlfriend had no insurance, but he did.
SHAME ON YOU AND HER!!! This is very dangerous, and irresponsible! Please please do the right thing...What if they are non-insured too? How does that feel? ok, i'm done...please consider what I've said...(ps girlfriend can still get in trouble for this although accident was not her fault)What can we do to get their insurance information so we can make the claim and avoid taking it to court and waste more time.
I would ask the police dept to get this information for me from the guy...They were remiss in their duties by not doing so at the time regardless of ascertion that he was going to pay for the damage, I've never heard of an officer buying this...Did your girlfriend agree to this? Is that why no tickets etc? ...You also may try the DMV to see if they have that information from when the vehicle was registered I assume you have either the VIN or the license plate?
What state are you in? That information may help us as well...Your girlfriend isn't claiming any injury is she?
Posted: Wed Dec 19, 2007 05:57 am Post Subject:
From the moral standpoint your girlfriend shouldn't receive any compensation form the other party. You simply can't gain from other driver's policy while you will go without insurance. Lori is correct, do the right thing and ask your girlfriend to purchase an auto policy right away.
I guess, the insurance details of the involved drivers need to be registered in the police report. Therefore, you need to accept that a very important information is missing in the police report itself.
You also may try the DMV to see if they have that information from when the vehicle was registered I assume you have either the VIN or the license plate?
Agreed, a visit at the DMV can be helpful. Many states require the proof of financial liability before issuing the license to the driver (seems not to be the case in your state, although). Therefore, the DMV may have the information you are looking for.
Posted: Wed Dec 19, 2007 06:37 am Post Subject:
It seems, you are quite in a jam, buddy. Haven't your girlfriend insisted upon obtaining the insurance detail of the driver? Its not rare at all for the other driver turning aloof after being allowed to go scot-free form the place of incident.
Anyways, try to answer the questions asked by Lori, she may offer some more help to you.
The state of Florida has an establishment namely the Bureau of Financial Responsibility, which is responsible for maintain information on people's auto insurance, so that no one can walk-off form their responsibilities of paying for the damages they have caused. You can enquire at your state as well for such office. They may help you with the infos, if you can supply them with the license plate number and other required information regarding the other driver.
Thanks.
Posted: Wed Dec 19, 2007 07:49 am Post Subject:
Thanks for the replies!! This happened in TEXAS.
Her insurance had just expired, which is no excuse I know.
Well, to answer Lori's questions: My girlfriend was in shock and very scared after the accident occured, and she did agree with him to fix the damages out of his pocket. He insisted and we even took the truck to get an estimate right after the accident and he told me would call me when he found the parts to fix it. The police officer was present when everything was agreed upon and decided not to give citations to neither drivers. My girlfriend is not claiming any injury only damages to her truck.
This happened on Nov. 20 2007, and since then they have only answered our calls twice. The first time was on Dec. 1st and his girlfriend claiming to be his wife answered an told me that they had spoken to their insurance and needed a copy of my girlfriend's Driver License and Insurance and we had to give the copies to them not their insurance, that made we wonder they were just lying to us. After that phone call they never returned our messages asking for their insurance info, and we called the police officer. The police officer called him and left a message on his cell and has not received any calls back since then. The second call was on Dec. 15 and my girlfriend called and he answered his cell. As soon as she said who she was he passed the phone to his girlfriend and we asked for his insurance info and she denied it, saying to talk to their lawyer or take it to court in a very rude tone. I have tried to find the insurance info by calling several insurance companies without luck. I dont know if texas has a Bureau of Financial Responsibility and I will try the DMV to see who might help us but we are lost and are trying to avoid the small claims court and waste more of our time driving without a rear tailgate window and a smashed tailgate in the cold wet weather.
I have his driver license #, license plate #, VIN #, Name, address, phone#, cell #, DOB, police report stating he was 100% at fault.
Posted: Wed Dec 19, 2007 11:42 am Post Subject:
told me would call me when he found the parts to fix it.
This is a REALLY bad idea from the get go...he is going to find the parts himself? And what have his buddy fix it in his back yard? I've had claims where people try this stuff....and I personally find it obnoxious....they damage your vehicle then they want to fix it ''their'' way which generally isn't industry standard...brother! that's annoying..... :roll: ...bet he wouldn't stand for this if the shoe were on the other foot!Define ''just expired''
Her insurance had just expired,
most auto policys give you ten days...(thank you for accepting responsiblibty..which is no excuse I know.
)The police officer was present when everything was agreed upon and decided not to give citations to neither drivers
I still can't get over this..must've been the end of his shift?that they had spoken to their insurance and needed a copy of my girlfriend's Driver License and Insurance and we had to give the copies to them not their insurance,
This is absolutely untrue...no insurance claims adjuster is going to ask for this, THRU their insured, and don't know that i have EVER asked for copies of these things...(in 21 years!)As soon as she said who she was he passed the phone to his girlfriend
So he's a wimp and coward too then?she denied it, saying to talk to their lawyer or take it to court in a very rude tone.
Did she say who this ''lawyer'' was? Didn't think so....I'd take her up on it..(court) and file a small claims case, won't cost you very much at all, just get estimates together, photo's of the damage, suppeona the cop...end of story, they more than likely have no insurance and will not show up you will get a default judgement, then you need to find out where the jerk works and garnish him...i know this is a lot of work, but i'd certainly go thru the effort if it were me!Well here is the good news I found this
Car Insurance A requirement to getting a vehicle registered in Texas is that the owner must provide proof of financial responsibility. In most cases, that means carrying car insurance
Now will the DMV share that info? Don't know...also something to be aware of just because someone ''shows'' proof of insurance when they register a car doesn't mean they maintain it..(sorry but your girlfriend is a good example)..some people plop down the premium, register the car, then cancel it...so no gaurantee...but I would certainly try...How new or what type of a vehicle is it? Do you know anything about this guy, re: does he work, if so where, do you think he makes a decent living? I'm trying to figure out if my advise about small claims would pay off for you or not....I have his driver license #, license plate #, VIN #, Name, address, phone#, cell #, DOB, police report stating he was 100% at fault.
Good...I found this about the small claims rules in your state:
Dollar Limit:: $5,000. Where To Sue: Where defendant resides. Contracts Where performance expected.
Without knowing your town or county I can't find any other info for you...I suggest you go to your local court house, start at the information area and pick up the information, they will have a brochure and a lot of information then you can decide if you want to go this route...I DEFINATELY would...please let us know...what you find out from the DMV and small claims...Posted: Wed Dec 19, 2007 07:52 pm Post Subject:
Thanks Lori for the replies,
His vehicle is a 2005 Ford F-150 FX4 King Ranch edition. He works as a Home Builder in his father's home contractor business. He lives in a huge house on a lake, and there are various luxury cars in the driveway which may not be his, but he certainly makes a decent living. He is 29 years old and from what I understood from him, not married.
We are from Brownsville, Texas in Cameron county.
The police officer told us he never received any calls back from him, and that he cannot do anythin more to help us and told us to just take it to court. ( he only tried calling once from what we know)
I called the Texas Dep. of Insurance and they cant help at all.
I called my local DMV and they said they cant help me with that either.
Should I try calling every local insurance office asking if he is insured with them, or is it just a waste of my time?
This is seriuosly making our Holidays very stressful and I am very frustrated that I cant get their insurance info and finish with this fast.
Posted: Wed Dec 19, 2007 11:08 pm Post Subject:
Should I try calling every local insurance office asking if he is insured with them, or is it just a waste of my time?
You could, and it might be....Honestly honey, at this point I think were I you I'd get the information from your local court house and get my evidence together and file a small claims suit...i think this is the only way you are going to get paid for this damage........sorry........ hey maybe you should call his dad! certainly won't hurt I mean all he can do is hang up on you right? And I'll bet he has all his vehicles with the same company...might give it a shot (I'd call him at work)...and who knows maybe dad is a great guy.... :wink: ok not likely but possible right?This is seriuosly making our Holidays very stressful and I am very frustrated that I cant get their insurance info and finish with this fast.
I know it is and I'm very sorry...If it were me (although you'd really need to think this thru) I'd also probably complain to the police dept re: the officer not issueing any ticket at the scene, not getting the required info, and now not helping get the info he should've got at the scene!!...I'd almost bet that cop knows this guy or his family I still can't get over that....
Posted: Thu Dec 20, 2007 05:56 am Post Subject:
That's it. Now I'm mad. I read the whole thread, and now I'm mad.
First off, Lori...
You could, and it might be....Honestly honey, at this point I think were I you I'd get the information from your local court house and get my evidence together and file a small claims suit...i think this is the only way you are going to get paid for this damage........sorry........ hey maybe you should call his dad! certainly won't hurt I mean all he can do is hang up on you right?
Unfortunately, I think you may have a point. I wonder if Daddy owns the trucks, and I wonder if Daddy would be pleased by a phone call from an insurance agent inquiring about his kid's lack of personal responsibility? And, oh yes, since Daddy owns the vehicle (if this is the case), Daddy is liable. Hmmmmm.
Seriously, if you cannot obtain the insurance information in any manner, you may be stuck with the legal system. Rarely does a state, even if they require insurance info to get plates, tags or licenses, keep current in their database. The vehicle should have insurance attached to it in your state's records, so you might get lucky as that info is normally public record. If not, you might get some sympathetic clerk to feel sorry for you. So remember- be nice. lol
Unfortunately, you may have to sue in small claims court. Check online to see what the maximum amount allowed in small claims is, and typically, you can ask for additional damages in excess of the actual damage to compensate you for missed work time and other things.
Quote:
told me would call me when he found the parts to fix it.
This is a really bad idea from the get go...he is going to find the parts himself? And what have his buddy fix it in his back yard? I've had claims where people try this stuff....and I personally find it obnoxious....they damage your vehicle then they want to fix it ''their'' way which generally isn't industry standard...brother! that's annoying..... ...bet he wouldn't stand for this if the shoe were on the other foot!
I have heard that story almost as much as the one where people run into things and claim it was "the tree's fault" or something like that. Don't even let this occur...you're just asking for another massive headache.
If you want to do the work yourself, if you're qualified, see if you can get him to cough up the cash for the parts and negotiate a settlement for your time and labor. I have seen this work once in a while. Don't mess with it if you're not qualified. Not amateur repair stuff based on the accident description.
Finally, from the OP:
My girlfriend had no insurance, but he did. Police arrived and made the report but did not write down his insurance info. because he told the police he was going to pay for the damages himself. Nobody was given citations by the police.
You stated that no citations were issued. You got lucky, and the cop more than likely screwed up. You can check that out by researching your state's insurance laws. That might give the cops some incentive to help you out a little more, especially if you're able to cite statutes that compel them to do something. Oh yeah--- get some insurance in force!
Just a few thoughts, hope it helps, and good luck. Let us know how things go. I can't stand people who run from these things, and trust me- the people here will help you make this guy's life miserable. <g>
InsTeacher 8)
Posted: Thu Dec 20, 2007 10:49 am Post Subject:
OH OH OH I JUST THOUGHT OF SOMETHING!!!!!!! (and i'll bet i'm right)...Daddy owns a construction company right?
He works as a Home Builder in his father's home contractor business.
Bet you a buck that ALL of their vehicles are registered to that business! It makes sense and almost all companies do this (cars, their maint. and depreciation are then tax deductible!)....check it out OP I'd bet a nickle to a hole in a donut that the vehicle that hit you is registered in the companies name....let us know!!!!!Posted: Thu Dec 20, 2007 06:42 pm Post Subject:
Thanks for your replies everybody, you've been very helpful.
UPDATE!!
I was able to call his house and his SISTER answered. She told me that his parents thought the damages had allready been fixed. His parents advised him to take care of the damages ASAP back on Nov. 20. The sister I talked to seemed to be a very down to earth person and was completely surprised her brother was avoinding us. She then told me that his girlfriend is a very aggresive person and was probably causing him to deny us any information or answer our calls. She also said that the day of the accident, he was very worried and said that because of his girlfriend he had crashed when he was looking for his cell phone. This leads me to believe that she feels guilty that her boyfriend will waste money because of her, and now she is trying to make us forget about it and not do anything. Well, his sister completely understood our situation and agreed with us about everything.
She told me she was going to inform her parents about this and have his parents talk to him to get things done correctly. She should be calling me today, hopefully.
Also depending on what turns out, I will try Lori's suggestion about the truck being registered in the comp. name.........Thanks LORI, great idea.
I will keep you guys informed.............
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